How Mexico ensures access to safe abortion without legalizing it
By Annalisa Merelli
Senior reporter based in New York City
Published June 6, 2022
When it comes to abortion, Mexico offers a glimpse of a possible future for the US.
Like its northern neighbor, the country is a federal republic of 32 states in which the legality of abortion varies. It does not have a federal law, or Roe v Wade-like constitutional decision legalizing abortion—a position the US is likely to find itself in by the end of June, when the Supreme Court is expected to officially announce its decision on Dobbs v Jackson Women’s Health Organization. The decision, a draft of which was leaked last month, might overturn the precedent stating that a woman has a right to obtain abortion as part of her right to privacy. If the leak is confirmed, it would end the federal protection of abortion, and making its legality dependent on the individual state.
This would open the way to restrictive laws in Republican-majority states, many of which have trigger laws ready to go into effect as soon as the Supreme Court ruling is out, including ones that could lead to the arrest of women experiencing miscarriages. But in Mexico, the situation is different in a small, but very significant way: Abortion is not legal, but has been decriminalized federally. On Sept. 7, 2021, Mexico’s Supreme Court unanimously ruled that it was unconstitutional to punish abortion as a crime.
The effects of decriminalization
The 2021 Mexican supreme court decision was propelled by the so-called marea verde, or green wave, a Latin American transnational movement promoting abortion rights, which pushed for the approval of abortion laws in countries including Argentina and Columbia, and in Mexican states. While it stops short of full legalization, its effects are significant in effectively giving women, including those who don’t qualify for an abortion in their home state, broader access to safe abortion.
More:
https://qz.com/2172871/how-decriminalization-of-abortion-in-mexico-expanded-access/